(영문) 대전지방법원 2016.04.21 2015가단10650

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(영문) 대전지방법원 2016.04.21 2015가단10650

공사대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2013, a branch construction corporation (hereinafter referred to as “branch construction”) that received a supply of and demand for the new construction of sub-office B from A and an urban brand (hereinafter referred to as “urban brand”) entered into a contract for the following construction works (hereinafter referred to as “instant subcontract”). From among the new construction works of sub-office B officetels in the name of the subcontractor, the construction period of KRW 288,700,000 (including additional tax) for waterproof and the cost of the construction of the other party construction work was from June 1, 2013 to February 28, 2014:

B. Around November 2013, the construction made a direct payment agreement (Evidence A2) with the Plaintiff and notified the Defendant around that time.

C. On July 14, 201, A and urban franchise concluded a business agreement and an agency contract with the Defendant as follows:

Article 3 (Performance of Duties and Duties) (4) The defendant shall perform the following duties as an agent under delegation by the parties to the instant contract:

1. Conclusion of a trust contract for the management of sale in lots for all the project sites;

2. To be entrusted with the sale management and trust (or security trust) of the building preserved and registered after the new construction of the building;

3. Opening an account for managing loans and an account for managing sales proceeds, and receipt and management of sales proceeds;

4. Management and execution of business funds, such as loans and sales revenues, relating to the projects;

5. Article 11 (Payment of Construction Costs, etc.) (2) The construction cost shall be paid every two months from the fund management account in accordance with a construction completion certificate (or a process confirmation) of the supervision group's construction performance, and the defendant shall be paid within five business days from the date he/she receives the request from the defendant, and the defendant shall be paid within 80% of the total construction contract amount before completion, and the remainder 20% shall be paid after settlement of the outstanding amount of the loan and the land price of A.

(3) The defendant shall confirm the fairness rate and work completion of the supervision team.

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